A partner in the firm’s insolvency practice Tracy represents clients in all aspects of their dealings with financially troubled companies. She represents debtors, creditors’ committees, creditors and trustees in connection with Chapter 11 reorganizations and liquidations, out-of-court work outs, buying and selling assets, assignments for the benefit of creditors, avoidance actions (fraudulent conveyances, preferences, and equitable subordination) and Chapter 7 liquidations. She also represents parties in commercial disputes and secured transactions.

Creditors’ Committee
Represented the Official Unsecured Creditors’ Committee in chapter 11 cases and formal out of court workouts in the following industries: commercial printing, one of the largest concert promoters in the country, developer of online travel software and techniques used today by many online companies, medical devices, custom and prefab construction pieces for bathrooms and kitchens. Represented equity committee in large restaurant chain and franchise operation. Represented creditors in a large financial scandal involving 2000 investors.

Bankruptcy Alternatives

Represented all sides at differing times in formal out of court workouts with structured facilitator.

Represented parties in assignments for the benefit of creditors wherein ongoing businesses were sold or liquidated expeditiously for the benefit of creditors. Represented the assignee in carrying out its fiduciary duty and the assignor in preparing for the assignment and marketing and selling assets in many industries including metal office furniture manufacturing, online cosmetic company, incubator company, online political web site and online car dealer.

Represented parties in one-on-one out of court workouts or other informal resolutions.

Chapter 7 Liquidation
Represented many companies from many types of industries in analyzing and determining whether complete liquidation is necessary. Representative clients include a custom frame shop, formerly high net worth real estate developer with multiple ongoing projects, children’s clothing manufacturers, well known folk record recording company, and a research and development company with ongoing medical testing in operation or just closed down.

Trustees
Has represented many chapter 7 panel trustees in liquidating assets of the estate, resolving disputes, and reviewing and objecting to claims for the benefit of the creditors. In this capacity, filed preference and fraudulent conveyance cases.

Litigation
In addition to the foregoing insolvency work, Tracy has represented secured creditors in commercial disputes, partners in litigation that resulted in the bankruptcy case of one of the partners, real estate limited liability companies in disputes with secured creditors outside of bankruptcy. She has also defended parties to preference and fraudulent conveyance avoidance actions, as well as in real estate disputes.